PRESS RELEASE: State and National Organizations Urge Lawmakers to Reject HB 1539, Warn of Threat to Students’ Rights and Public Education

TALLAHASSEE, FL — A broad coalition representing Florida parents, educators, and citizens, along with authors and national anti-censorship advocates, has issued an open letter to Florida lawmakers. They are calling for a rejection of House Bill 1539, which they say would severely undermine students’ First Amendment rights and dismantle the foundation of Florida’s public education system.

The bill, which amends Section 1006.28 of the Florida Statutes, would require school districts to remove any book or instructional material deemed “harmful to minors” within five days of a challenge—regardless of whether the material has undergone a proper review. Advocates warn that the bill’s revised definition of “harmful to minors” explicitly rejects consideration of a book’s literary, artistic, political, or scientific value if sexual content is present—a major departure from constitutional standards.

“This is not just a policy concern—it’s a constitutional one.” the letter states. Under Board of Education v. Pico, 457 U.S. 853 (1982) (plurality op.), students have a protected right to access information. This bill short-circuits review processes and replaces them with censorship fueled by fear, not fact.

The Risk: Classic Works and Modern Voices Silenced

If passed, HB 1539 would open the door to the wholesale removal of celebrated and culturally significant texts. Titles like Beloved, The Kite Runner, and I Know Why the Caged Bird Sings— already facing bans in some Florida districts without intervention from the Florida Department of Education—could be pulled from shelves statewide. Notably, taxpayer-supported private options would not face these same restrictions if the bill becomes law.

Costly, Unfunded Mandates That Undermine Education

The letter also criticizes HB 1539 as an unfunded mandate, noting that earlier legislation like HB 1467 (2022) and HB 1069 (2023) already diverted millions from Florida classrooms and libraries to comply with onerous state mandates on library transparency. The bill justifies a $3 million recurring budget allocation to the Florida Department of Education for a compliance “transparency tool,” but provides no support for stocking or maintaining classroom libraries.

“HB 1539 empowers the State Board of Education to audit school districts and penalize them for noncompliance, including withholding state funding. This creates an environment of fear and over-correction, where districts may remove any challenged book—even those that do not meet the new harmfulness threshold—just to avoid the risk of punishment,” the letter reads. Few Complaints, Far-Reaching Consequences Despite these extreme measures, there is little evidence that parents across Florida want this level of restriction. Fewer than 100 public school parents have submitted formal objections since the 2021–22 school year, and less than 5% of students have parental restrictions on library access.

Call to Action

The letter concludes with a strong appeal to lawmakers: “Florida’s students deserve better. They deserve access to books that challenge them, inspire them, and help them understand the world. They deserve policies grounded in law, not fear. And they deserve lawmakers who listen to parents—not just a vocal few, but the broad majority who want strong, well-resourced schools and robust libraries. We strongly urge you to vote no on HB 1539.”

Read the full letter to the House here.

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